clarification of genuine hardship cases

Nathan_Spleen

---

Original Message

---

From: [EMAIL="freoinf@fsa.gov.uk"]Freedom of Information[/EMAIL] FSA
To: Nathan Spleen
Sent: Friday, November 30, 2007 2:27 PM
Subject: RE: FOIA Request



*****************************************************************
Your attention is drawn to the warning notice at the end of this message.
Ref: FOI0814

Dear Mr Spleen
Freedom of Information: Right to know request
Thank you for your request under the Freedom of Information Act 2000 (the Act), for the following information in relation to the FSA's two month complaints handling waiver review:

"1) From the information supplied to you by the banks for consideration in the review, how many complaints about unauthorised overdraft charges from customers claiming financial hardship have the banks received?

2) From the information supplied to you by the banks for consideration in the review, how many customers making complaints have been identified by the banks as being cases of financial hardship?

3) From the information supplied to you by the banks for consideration in the review, how many identified cases of financial hardship have been offered a partial refund of charges claimed?

4) From the information supplied to you by the banks for consideration in the review, how many identified cases of financial hardship have been offered a full refund of charges claimed?"

Your request has now been considered and I will respond to each point in order:

1) Whilst we did not ask for this information to be provided as part of the review, a small number of firms did provide an answer, the total being 525.

2) The total figure provided by the firms is 6,908. In answer to 3) and 4), we do not hold the information separately for each point, however we do hold the aggregated figure for the data which is 1,195. If you have any queries then please contact me.

Yours sincerely
R. Traynor
Information Access Team
Financial Services Authority

stmidwife

Hi All,

Have just been on the phone to Lloyds TSB and they stated that the court case is due to start on the 14th of January.

Also, wondered if anyone could help with a query? I had applied to Lloyds for reconsideration for payment of charges due to severe financial difficulties and they have said that this is still not able to go through until after the court case. I find this hard to believe, is this correct or can something else be done?

novelli

no its not correct. in cases of financial hardship they are supposed to still look at the claim. BUT we are mere customers, so have no rights!!! and the banks seem to get away with it time and time again!! Dont know why they bothered to put various clauses in the waiver, cos the banks ar enot taking any notice, hey so what new!!

sorry but im very cynical about all of this!!!!!!!!!!!!!:mad:

Mandy1_3

Hi,

Has anyone had any success with the Financial Ombudsman in dealing with bank charge reclaims for cases of financial hardship?

I had started a claim with Abbey for £6,000 for my hubby and was just about to start court proceedings when the OFT announced they were taking the banks to court and all claims were on hold.

Since then our financial situation has rapidly gone down hill. I had read that the Financial Ombudsman would look at these claims before the court case with the OFT began, and submitted a claim form - on which I stated that we were in extreme financial hardship.

I have today received a standard letter stating they were not dealing with any claims until after the court case.

Is it worth contacting them again to point out our financial position or are they just not taking this into account? We cannot put in court papers at the moment as the fee is £250 (which we havent got) but the longer we wait, the more of the charges are falling outside the 6 year period.

Thanks.

Mandy

livelyred

Hi can someone just explain who can put a claim in for hardship ? Im a single parent on benefits,but my benefits dont go into my bank account can i still apply or not ? Thanks

livelyred

I forgot to mention that i do have alot off debts to and struggiling to pay them,can you also give me the name and address off who i should write to if i can apply for hardship and also what should i put in my letter and do i need to put any evidence in the letter too Thanks for your help

CrystalGecko76

I have recieved the same today...I am going the the Ombudsmen now.
I would like to know how they decide my situation is not a Financial Hardship case. I filled in their financial statement and it shows I may have about £5 left after each month. So if something unexpected where to come out that I needed to pay for (transport or type of therapy recommended by doctor) then I will go overdrawn and their charges will be exessive leaving me short the next month...and now I am worried about the government shake up over incapacity benefit claimants. It is making my condition worse - I am falling back into a depression again.
Zen

novelli

Im not sure that FOS will be of any help to you. They have had my case for months, just come off the phone from someone there and was told that NO charges are being refunded, whatever the situation, either via FOS (they are not even asking the banks to refund), or the courts!!!! .She was quite adamant that no charges will be refunded!!! she sais that FOS are NOT there on behalf of the consumer, but are imnpartial.
She also said that not all the information on Martins site is correct!!!!!!!! If u want contact details martin let me know!!!! cant say they have been of much help and whenever liasing with them i feel that they have the same attitude as the banks!!
She told me that no court is even hearing cases, weather of financial difficulty or not!! I didnt think this was the case, but didnt have the details of any cases, so couldnt push the point.

So who is there to help the consumer??????

Smasher

Lets be honest, only other consumers are there to help consumers, on websites like this & CAG.
We were all doing a perfectly good job of trouncing every bank in courts all over the country until the OFT, FOS & FSA came & put a stop to it. It would only have been a matter time (and it was close to happening imo) before the courts picked a few cases to use as a test case (a proper test case) and settle it once & for all.

The OFT has now made sure that will not happen so there is still a chance that an 'acceptable figure' might be agreed. Is this what the consumer wants? Well who cares? the OFT are not interested in listening to you.
This would not happen if a real case went to the high court, they would be deemed penalties & ordered to stop the practice & refund all cases.

The FSA have protected the banks from justice in the meantime & allowed them to continue fleecing customers/victims whilst the OFT play wild goose chase.

The FOS just want you to go away & stop disturbing their sleep.

novelli

Well done to all of you that have managed to claim back these charges recently.

Im confused tho as i spoke with FOS today, as they are supposedly handling my case under the hardship rules and was told categorically that NO banks were paying out, even under hardship rules, and FOS also told me that they are NOT asking ANY banks to pay back charges, whatever the circumstances.
They also said that NO courts are taking any cases!! and that the info on martins site is incorrect!!!! she was a right snotty old bag!! Sounded more like she worked for the bank than FOS!!!
She said that they have written to the bank to ask them to look at my account and see what they could do to help me reduce charges, NOT, as i had thought to consider repaying the charges!! This was ages ago and no response so far, but she says they DO NOT chase them up, when they hear from them, they hear from them!!!!!!!!! in other words u aint getting any money back, go away and stop bugging us!!!! just ;like the banks are saying!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! She really seemed against my reclaiming money back, even saying things like the bank may decide to pass ther account to a collection agency!!! close the account, withdraw card etc etc!!! so much for being helped!!!!!

Can anyone clarify what is going on or what is supposed to be going on, cos i feel like i am running around in circles, and hitting brick walls every time!!! whilst the bank continues to take money from my benefits!!